Brad R. Roth
B.A., Swarthmore College
J.D., Harvard Law School
LL.M., Columbia University School of Law
Ph.D., University of California at Berkeley
Professor Roth holds a joint appointment with the Department of Political Science. He specializes in international law, comparative public law, and political and legal theory. His courses include International Law, International Protection of Human Rights, International Prosecution of State Actors, U.S. Foreign Relations Law, and Political Theory of Public Law. Before entering academia, he practiced law and served as law clerk to the chief justice of the New Jersey Supreme Court. He is the author of Sovereign Equality and Moral Disagreement (Oxford University Press, 2011), Governmental Illegitimacy in International Law (Oxford University Press, 1999), contributing co-editor (with Gregory H. Fox) of Democratic Governance and International Law (Cambridge University Press, 2000), and author of roughly 30 book chapters, journal articles and commentaries dealing with questions of sovereignty, constitutionalism, human rights and democracy.
International Human Rights
International Prosecution of State Actors
Political Theory of Public Law
U.S. Foreign Relations Law
According to Oxford University Press, "in Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm."
From Amazon.com: "This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system."
According to Amazon.com: "This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy."
"Secessions, Coups, and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine," Melbourne Journal of International Law 11:393-440 (2010). SSRN (Proof Pages): < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1736718>.
“Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice,” Santa Clara Journal of International Law 8:231-88 (2010). SSRN: < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1441962>.
“The Entity That Dare Not Speak Its Name: Unrecognized Taiwan as a Right-Bearer in the International Legal Order,” East Asia Law Review (University of Pennsylvania Law School) 4:91-124 (2009).
– Published in Chinese translation, Taiwan Law Review (Taipei: Angle Publishing), (No. 158) 2008.7:84-103.
Republications of 2004 Leiden Journal of International Law article, “Retrieving Marx for the Human Rights Project”:
– Revised version: “Marxian Insights on the Human Rights Project,” in Susan Marks, ed., International Law on the Left: Revisiting Marxist Legacies (Cambridge University Press, 2008), pp. 220-51.
– Original version, in Susan Easton, ed., Marx and Law (Philosophers and Law Series), (London: Ashgate Pub. Ltd.,2008), pp. 265-302.
“State Sovereignty, International Legality, and Moral Disagreement,” in Tomer Broude & Yuval Shany, eds., The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing Co., 2008), pp. 123-61.
“Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice,” Journal of International Criminal Justice (Oxford University Press) 6:215-39 (2008), available at < http://jicj.oxfordjournals.org/cgi/reprint/mqn012?ijkey=QvcVzUKbRiL4WdA&keytype=ref >.
“Coercion and the Quest for Substantive Freedom,” in Mary Garrett, Heidi Gottfried, & Sandra F. VanBurkleo, eds, Remapping the Humanities: Identity, Community, Memory, (Post)Modernity (Wayne State University Press, 2008), pp. 237-54.
“Taiwan’s Nation-Building and Beijing’s Anti-Secession Law: An International Law Perspective,” in Chen Chi-sen et al., ed., Sovereignty, Constitution, and the Future of Taiwan (Taiwan Law Society, 2006), pp. 1-59.
"The Enduring Significance of State Sovereignty," FLORIDA LAW REVIEW 56:1017-50 (2004).
"Retrospective Justice or Retroactive Standards? Human Rights as a Sword in the East German Leaders Case," WAYNE LAW REVIEW 50:37-68 (2004).
"Retrieving Marx for the Human Rights Project," LEIDEN JOURNAL OF INTERNATIONAL LAW 17:31-66 (2004).
“What’s Left? Socialist Political Thought After the Fall,” in Thomas Newlin & Sibelan Forrester, eds., Towards a Classless Society: Literature, History, and Politics: A Festschrift for Thompson Bradley (Bloomington, Indiana: Slavica (Indiana University) Press, 2004), pp. 195-211.
I"nternational Decisions: Sosa v. Alvarez-Machain;" United States v. Alvarez-Machain, AMERICAN JOURNAL OF INTERNATIONAL LAW 98:798-804 (2004).
"Anti-Sovereigntism, Liberal Messianism, and Excesses in the Drive against Impunity," FINNISH YEARBOOK OF INTERNATIONAL LAW 12:17-45 (2001 volume, published 2003).
“Bending the Law, Breaking It, or Developing It? The United States and the Humanitarian Use of Force in the Post-Cold War Era,” in Michael Byers & Georg Nolte, eds., United States Hegemony and the Foundations of the International Law (Cambridge University Press, 2003), pp. 232-63.
"The CEDAW as a Collective Approach to Women’s Rights," MICHIGAN JOURNAL OF INTERNATIONAL LAW 24:187-225 (2002).
"Understanding the ‘Understanding’: Federalism Constraints on Human Rights Implementation," WAYNE LAW REVIEW 47:891-907 (2002).
(with Gregory H. Fox) "Democracy and International Law,"REVIEW OF INTERNATIONAL STUDIES 27:327-352 (2001).
"Peaceful Transition and Retrospective Justice: Some Reservations - A Response to Juan Mendez," ETHICS & INTERNATIONAL AFFAIRS 15:45-50 (2001).
“The Illegality of ‘Pro-Democratic’ Invasion Pacts,” in Gregory H. Fox and Brad R. Roth, eds., Democratic Governance and International Law (Cambridge University Press, 2000), pp. 328-42.
"Governmental Illegitimacy and Neo-Colonialism: Response to Review by James Thuo Gathii," MICHIGAN LAW REVIEW 98:2056-65 (2000).
(with Gregory H. Fox) "Introduction: The Spread of Liberal Democracy and Its Implications for International Law," in Gregory H. Fox and Brad R. Roth, eds., DEMOCRATIC GOVERNANCE AND INTERNATIONAL LAW (Cambridge University Press, 2000), pp. 1-22.
"Democratic Intolerance: Observations on Fox and Nolte," HARVARD INTERNATIONAL LAW JOURNAL, 37:235-38 (1996), reprinted in Gregory H. Fox & Brad R. Roth, eds., Democratic Governance and International Law, (Cambridge University Press, 2000).
Governmental Illegitimacy in International Law (Oxford University Press, 1999). Winner, 1999 American Society of International Law Certificate of Merit (“Best Work in a Specialized Area”)
“What Ever Happened to Sovereignty? Reflections on International Law Methodology,” in Charlotte Ku & Thomas G. Weiss, eds., Understanding Global Governance (Academic Council on the United Nations System, 1998) <http://www.acuns.wlu.ca/publications/IRILToolbox.pdf>, pp. 69-100.
"Evaluating Democratic Progress: A Normative Theoretical Perspective," ETHICS & INTERNATIONAL AFFAIRS, 9:55-77 (1995), reprinted in Gregory H. Fox & Brad R. Roth, eds., Democratic Governance and International Law, (Cambridge University Press, 2000).
"Governmental Illegitimacy Revisited: ‘Pro-Democratic’ Armed Intervention in the Post-Bipolar World," TRANSNATIONAL LAW & CONTEMPORARY PROBLEMS, 3:481-513 (1993).
"Constitutionalism in Eastern Europe: Alternatives to the Liberal Social Contract, "DICKINSON JOURNAL OF INTERNATIONAL LAW, 11:283-324 (1993).
"The First Amendment in the Foreign Affairs Realm: ‘Domesticating’ the Restrictions on Citizen Participation," TEMPLE POLITICAL & CIVIL RIGHTS LAW REVIEW, 2:255-91 (1993).